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Aug 1, 2011

All about the 9th Amendment to the Constitution

The proposed ninth amendment to the constitution; it has come under fire from various quarters since it was introduced in the House on July twenty-second. The Bar Association last week rejected the proposal on the grounds that it seeks to take away access to judicial review since the courts would be able to check on procedural issues, but would be required to refuse the claims. This morning, the President of the Bar, Jacqueline Marshalleck, expounded the thinking of the legal profession on Open Your Eyes. She cited the case of the late Barry Bowen and the Landowners Association who turned to the court in May, 2010 to challenge a bill which denied access to the courts to landowners if government would have taken their property. The CJ ruled at the time in their favor, but before the government appeal could be heard, the offending language in the bill was removed.

Jacqueline Marshalleck, President, Bar Association

Jacqueline Marshalleck

“The particular case that is an issue causing a lot of discussion was appealed, but not dealt with in appeals because in the interim between the Chief Justices decision and the appeal, the legislation was changed; the draft of the bill was changed and the provision that was an issue, and this is the Barry Bowen case—they weren’t fighting government over whether or not to vest minerals and oil and all these things, they were fighting an issue relating to access to the court. There was a provision in that bill that denied these landowners access to the court. After the chief justice’s ruling, that particular provision was removed and so by the time it got to the Court of Appeal, the court said well it’s no longer there anymore so. We have an affidavit from saying they’re not going to proceed with that so it would be really academic to just deal with it at this point. So the result is that the Chief Justice’s decision stands.”

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Viewers please note: This Internet newscast is a verbatim transcript of our evening television newscast. Where speakers use Kriol, we attempt to faithfully reproduce the quotes using a standard spelling system.

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2 Responses for “All about the 9th Amendment to the Constitution”

  1. I Have Awaken says:

    I don’t know where else to vent, but do people really listen to these clowns on Wave Morning Show? what their names; Joe and Moron? Wow, talk about singing for your supper, also the PAID callers-in are down right pathetic.

  2. mark Pech says:

    Once This amendment goes through Dean Barrow will continue to use his powers and even change the the elections period and instead of every 5 years elections he can say every 10 or 15 years we will have elections and the court nor anyone will be able to challenge it because according to them they are the constitution and not even the court can challenge them………….is this really power to the people?

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